my ex has physical custody of our three girls, the agreement states i am to have them from 3pm friday to 8pm every sunday. and he is to be in charge of all their educational, extracurricular and medical needs. in three years he has attended one school conference, and not taken my girls to the doctor even when theyve had uti’s, kidney infection, run high fevers, had some teeth get absessed (oldest had 4 teeth removed due to infections) etc…i have done it all as well as provide my oldest with glasses she needs. two of them go to therapy for some mild to moderate developmental disabilities, ex didnt like it and took them out stating its a waste of time. my oldest child was retained a grade due to my ex refusing to be involved and help her, homework never gets done, projects arent turned in, kids fall asleep in class, etc…ex has had i know if 7 different women live with him in past 3 years a few of yhem have been just oyt of high school, etc…i was wondering tho, since i recently moved if i could file to have custody modified so they can live.with me? my ex lives in a 2 bedroom singlewide with my 3 girls, his gf, his sister, and her guy stays there a lot also. my fiance and i have our baby son and a 4 bedrooom house that is near family on land thats been in the family for over 100 years so no worries on losing it or anything. would i have a case, and yes it can be proven, to modify custody to have my girls reside primarily with me?
You should file a motion to modify custody. Our article on changing custody and visitation is a great resource to look at. It should be able to answer any questions you may have; it discusses both the legal grounds for modification of a custody order and the standards the judge will use.